Paiute Tribe 1022 Hospital Road • P.O. Box 220 • Schurz, 89427 Telephone: (775) 773-2306 Fax: (775) 773-2585 RESOLUTION OF THE GOVERNING BODY OFTHE WALKER RIVER P AIUTE TRIBE

RESOLUTION NO. WR-19-2019

BE IT RESOLVED BY THE TRIBAL COUNCIL OF THE WALKER RIVER PAIUTE TRIBE THAT:

WHEREAS, the governing body of the Walker River Paiute Tribe is organized under the provisions of the Indian Reorganization Act of June 1934 as amended, to exercise certain home rnle and be responsible for the promotion of economic and social welfare of its members; and

WHEREAS, the Walker River Paiute Tribe is committed to protecting its land within the boundaries of the Reservation, specifically the land that is south and adjacent to Bravo 19, which is one of the training areas for the Fallon Naval Air Station (FNAS), and

WHEREAS, the US Navy has encumbered tribal land (est. 6,000 acres), which has been contaminated with live ordinance, caused historical damage to range wells and facilities and has left such land useless as this land cannot be totally cleaned up of ordinance and bombs, and

WHEREAS, now the U.S. Navy is hoping to expand and increase land (est.800,000 acres) and airspace for additional training around, near and adjacent to the current Fallon Naval Air Station in Fallon, Nevada, under the Fallon Range Training Complex Modernization Environmental Impact Statement (EIS), and

WHEREAS, such land expans10ns include land east and north of the reservation boundaries and airspace includes that over the reservation, and

WHEREAS, proposed land to be withdrawn includes cultural and historical sites, that are off reservation, that have great cultural ties to our Tribe and its members; this expansion will limit access to tribal members for pinenut picking, having ceremonies, visiting sacred sites and disturbing prehistoric petroglyphs, and WHEREAS, the FNAS has been using the Bravo 19 area for training since the 1940's; the Tribe has documentation of such contamination since 1959, where Naval jets have been dropping live and ine1i ordnance onto the reservation, and

WHEREAS, the FNAS does not dispute the historical contamination ofreservation lands and wants to work cooperatively with the Tribe in resolving issues surrounding this travesty; the Naval officials refer to this as the "Legacy" issue, and

WHEREAS, the Tribe, including Tribal Council and staff, have met with the Navy on two (2) occasions thus far in 2017, once on June 14, 2017 and again on August 1, 2017; as a result of those meetings, the Navy has asked the Tribe to provide them with a list of what the Tribe wants in order to resolve this issue.

NOW THEREFORE BE IT RESOLVED, that as per meetings with Tribal Council and Tribal staff that were held on June 12, 2017, June 14, 2017 and August 1, 2017 it was decided that the Tribe would request the following from the Navy or with the Navy's assistance to resolve the "Legacy" issue, and such list is in no order of priority:

* Past Damages: From 1959 ~ 2019; $1,000,000.00 for each year that our reservation has been contaminated with live and ine1i ordnance and deemed useless by the Tribe; 60 years x $1,000,000.00 = $60,000,000.00. * Land Lease: The Tribe will enter into a land lease of the contaminated land, using land lease figures from 2015 where the Navy paid the tribe $750.00 per year for land that did not exceed five (5) acres and were used for a helipad and land where electronic strnctures existed. We would therefore lease the land for $750.00 per each five (5) acres. * Land: The Walker River Paiute Tribe would like land that is currently managed by the Bureau of Land Management (BLM) or the US Forest Service that is of great historic significance to the Tribe. Such land is identified as follows:

West : This is BLM land along the west side of Walker Lake up to the BLM recreation site at Spmisman's Beach and goes approximately halfway down the lake from the cmTent reservation. This area contains petroglyphs of cultural significance to the Tribe in the vicinity of Tamarack Beach and will be identified on a non-disclosure basis. Most of this area was part of the Tribe's original reservation of 1859. Area consists of approximately 10,135 acres.

East Walker Lake: This is BLM land along the east side of Walker Lake and is comparable to West Walker Lake. Most of this area was pmi of the Tribe's original reservation of 1859. These two (2) parcels are pmi of the immediate watershed and shoreline of Walker Lake, which the Tribe seeks to protect. Area consists of approximately 10,598 acres.

Wassuk Range: This BLM land follows the crest of the separating the Walker Lake watershed from Mason Valley and the Valley, including on the Walker Lake side the Reese River Canyon, Pemod Canyon, Dead Man Canyon, Copper Canyon, Dry Creek, and several other washes. This area is also part of the immediate watershed of Walker Lake, which the Tribe seeks to protect. Area consists of approximately 28, 472 acres.

Gillis Range: This is land on the east side of Walker Lake and included an impmiant part of the cultural trails historically used by our people. This area also includes a substantial part of the immediate watershed of Walker Lake that sends water to the Lake through Wildhorse Canyon during substantial rain events. This land is cmTently used for grazing and would benefit the Tribe in that respect. Area consists of 58,259 acres.

N01ih Wassuk Range/Black Mountain (Pistone) Cultural Site: This site is mainly located on the west side of Black Mountain and adjacent to the Walker River Paiute Reservation, again on the western-most boundary. This site is a large multi-component rock mi, hunting, fishing, pinion gathering site. This area has great cultural ties to the Paiute people that lived in this area for thousands of years. This area is also known as the Pistone Site, as archaeological investigations have been undertaken between April 1984 and October 1986. The BLM has been urged to take every reasonable step necessary to preserve the integrity of this site, although there has been some vandalism and robbery of some of the petroglyphs over the years. Over the years, people, under the guise of studying the m·ea, have removed many artifacts. The Tribe wants to make sure that this area is preserved in its pristine state. In the past 100 years, Paiute elders, remember travelling to the area to collect flowers in the spring. Indians from other reservations were also invited. Paiute songs were sung about travelling "over the mountain." Indians from other Tribes have also visited the site to see and interpret the petroglyphs. The Tribe's Cultural Committee has also visited and prayed at the site. This site has a very strong presence of Paiute history that is of critical imp01iance to the Tribe. Area consists of approximately 23,415 acres.

White Mountain/Paiute Springs (BLM): The Tribe recently reestablished an old horse pasture on the reservation located on White Mountain for grazing. Paiute Springs is a spring located to the west of White Mountain adjacent to the reservation. This spring would be a water source for the cattle or wildlife. There is also another natural spring and trough located to the north of White Mountain and less than a quarter mile from the reservation boundary fence. This would be an additional water source for the cattle grazing on White Mountain. Area consists of approximately 4,044 acres.

Mount Grant: The Mount Grant area is public land reserved for the Hawthorne Ammunition Depot, which is managed by the Department of the Army. The Tribe does not contest this land being part of the Ammunition Depot but seeks to have the Mount Grant area transferred to the Tribe if the Army ever closes the depot or no longer needs the Mount Grant pmiion of the Depot. This land is of major cultural significance to the Tribe, which was considered for protection as a National Historic Site as it includes significant cultural sites and petroglyphs, which are an impmiant pmi of the Tribe's cultural heritage. Additionally, the Mount Grant area includes important creeks that are tributary to Walker Lake that provide habitat for tui chubs that used to become pmi of the food chain for Lahontan and were an important pmi of the ecology of Walker Lake. The Tribe would like to restore these creeks to the important habitat role they once provided for Walker Lake and restore the flow of water from the creeks to the Lake. Area consists of approximately 46,016 acres.

Pinenut Range/Lucky Boy Pass: This area of BLM/Forest Service land was used historically by our people to gather pinenuts. Historically, pinenuts were an important staple in the diet of our people that could be gathered in late summer/early fall and then stored and eaten throughout the next year. It is currently used by our people and other Tribes in the surrounding areas to gather pinenuts as pmi of our cultural tradition and for our Annual Pinenut Festival which we hold each September. We want to protect and reserve this area for gathering pinenuts and to have access to cultural sites on the property in perpetuity. Area consists of approximately 3,154 acres.

Land for Economic Benefit: The Tribe would also research other parcels of land that could be used for economic ventures for the Tribe, whether they are BLM, other public or private lands. The Tribe would like to have the Navy purchase such lands in the case where such lands could not be transferred through legislative or Congressional processes.

*Walker Lake: Walker Lake was once totally part of our original reservation of 1859. The lake has great cultural significance to our Tribe and People. We are requesting that the lake, excluding the land adjacent to the town of Walker Lake and the southern end of the Lake that is under the auspices of the Hawthorne Anny Depot, be returned to Tribal ownership.

BE IT FURTHER RESOLVED, that the Tribe agrees that the above noted list of "wants" are reasonable to resolve the "Legacy" issue of contmninated tribal lands, and BE IT FURTHER RESOLVED, that the Tribe is against the land expansion and believes that the additional training will lead to further negative impacts and bombing to reservation lands with live and inert ordnance, as Bravo 17 is close to the reservation's eastern boundary, and that area is included in the expansion, and

BE IT FURTHER RESOLVED, that reservation residents will be negatively affected with the increased noise pollution due to the increased jet traffic and sonic booms which will happen on a 24/7 basis (24 hours a day, every day); this will disrupt the peaceful livelihood and sleep patterns of our people, and

BE IT FURTHER RESOLVED, that the reservation has cultural sites (Sister Mountains, etc.) that will be impacted with the constant air traffic, and

BE IT FURTHER RESOLVED, that the Navy has failed to adhere to/or with minimal implementation of the following documents: *MOU Among the DOD, DOI, DOA, DOE and the Advisory Council on Historic Preservation Regarding lnteragency Coordination and Collaboration for the Protection of Indian Sacred Sites (to improve the protection of and tribal access to Indian sacred sites through enhances and improved interdepaiimental coordination and collaboration). *Presidential Documents/Executive Order 13007 of May 24, 1996 (accommodate access to and ceremonial use of Indian sacred sites by Indian religious practitioners and avoid adversely affecting the physical integrity of such sacred sites; also maintain the confidentiality of sacred sites). *Executive Order 13175 - Consultation and Coordination with Indian Tribal Govermnents (collaboration with Tribal officials). *Depaiiment of Defense Plan of Action to Implement the Policies and Directives of Executive Order 13175 - Consultation and Coordination with Indian Tribal Govermnents - January 2010 (continually improve on policies and practices designed to promote effective consultation with Federally recognized tribes on a govermnent-to-government basis), and

BE IT FURTHER RESOLVED, that the U.S. Navy has failed to hold a public meeting on our reservation during the EIS process which is against the intent of the National Enviromnental Policy Act (NEPA) in getting stakeholder input, and

BE IT FURTHER RESOLVED, that according to Executive Order 12898 (February, 1994) (PDF)(5 pp, 19 K), "Federal Actions to Address Enviromnental Justice in Minority Populations and Low-Income Populations" (EO 12898) directs each Federal Agency to "make achieving environmental justice part of its mission by identifying and addressing, as appropriate, dispropo1iionately high and adverse hnman health or environmental effects of its programs, policies, and activities on minority populations and low-income populations," including tribal populations.

The Presidential Memorandum accompanying EO 12898 emphasizes the importance of using the NEPA review processes to promote environmental justice. It directs Federal agencies to analyze the environmental effects, including human health, economic, and social effects, of their proposed actions on minority and low-income connnunities when required by NEPA.

The Memorandum calls for agencies to address significant adverse environmental effects on these connnunities in mitigation measures outlined or analyzed in the environmental documents (Environmental assessments (EAs), Findings of no significant impact (FONSis), Environmental Impact Statements (EISs) and Records of decision (RODs), and

BE IT FINALLY RESOLVED, that the Walker River Paiute Tribe is absolutely against the Fallon Range Training Complex Modernization and any alternative, other than the "no action" alternative. The Tribe is requesting that should Congress move forward with approving this EIS and any other alternative that the Tribe be awarded compensation for the "Legacy Issue" for past damages in an amount of $60,000,000.00, land lease compensation for the current 6,000 acres of damaged lands, Walker Lake and identified lands requested. The Tribe is also requesting support from member tribes of the National Congress of American Indians (NCAI) and Honorable members of Congress.

CERTIFICATION

It is hereby certified that the foregoing Resolution of the Walker River Paiute Tribal Council, composed of seven members, of whom l, constituting a quorum, were present at a meeting (Poll Vote) held on the 8th day of February, 2019, and that the foregoing resolution was adopted by the affirmative vote of J?_FOR, _Q__ AGAINST, and Q_ ABSTENTIONS, pursuant to the authority contained in Article VI, Section 1( e ), of the Constitution and By-Laws of the Walker River Paiute Tribe, approved March 26, 1937. Such Resolution will be re-confirmed at the regular February 14, 2019 Tribal Council meeting.

E'sha Hoferer, Tribal Council Secretary WALKER RIVER P AIUTE TRIBE